Róisín Shortall (Dublin North West, Social Democrats)
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3220. To ask the Minister for Health if a lease (details supplied) includes a condition that a licence be granted to the group to operate the new facility for the entire duration of the term of the lease. [40870/21]

Róisín Shortall (Dublin North West, Social Democrats)
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3221. To ask the Minister for Health if he has sought to secure the transfer of the freehold ownership of the site of the new maternity hospital to the State from a group (details supplied); and the progress that has been made in relation to this issue. [40871/21]

Stephen Donnelly (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 3220 and 3221 together.

As the Deputy is aware, a draft legal framework has been developed which aims to address the ownership and governance arrangements at the new National Maternity Hospital (NMH). The draft legal framework provides for the new hospital to be built on a site leased by the State from the St Vincent’s Healthcare Group (SVHG) for a period of 99 years, with the potential to extend for a further 50 years. The framework also provides for an Operating Licence to be issued by the HSE to NMH at Elm Park DAC and SVHG to facilitate the provision of health services in the new building.

As I have previously emphasised, I will not bring any proposal to Government unless it provides assurances around all legally permissible services being provided in the new NMH as well as ensuring that the State’s investment in the new hospital is safeguarded. In that context, and as previously stated, there has been further engagement with the stakeholders in relation to these matters. However, I have been very clear that I will not be making any further comment on the nature of this engagement until it concludes.

Róisín Shortall (Dublin North West, Social Democrats)
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3222. To ask the Minister for Health his views on whether the new build for the new maternity hospital is bound by the EU energy directives now in force given that planning permission was granted to the HSE by An Bord Pleanála on 31 August 2017 under the terms of the building regulations then in force; if so, the steps the HSE has taken or plans to take to comply with the new NZEB standard; the extent to which the building has to be redesigned to so comply; if this redesign will increase the cost of the new build; and if so, the amount. [40872/21]

Stephen Donnelly (Wicklow, Fianna Fail)
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In 2017, the Minister for Housing, Planning and Local Government signed into Irish Law the requirement to meet Nearly Zero Energy Buildings (NZEB) as part of Building Regulations (Part L Amendment) Regulations 2017. In order to comply with the Statutory requirements set out in the updated regulations, and to achieve enhanced energy performance and necessary carbon reduction, the design of the New Maternity Hospital (NMH) required significant amendments to the buildings fabric and mechanical & electrical systems. These included;

- The introduction of two-stage air source heat pumps (ASHPs) to meet the primary heating needs of the building

- A move away from reliance on gas fired boilers

- The decoupling of the existing boiler plant serving the remainder of the SVUH campus

- The decoupling of the electrical distribution serving the remainder of the SVUH campus

- An increase in the number & capacity of the electrical transformers & standby generators

- An increase in the size of service risers and ducts to accommodate the increased size of the air handling plant.

The introduction of these design amendments to comply with the updated building regulations resulted in changes to both the internal layout & the external envelope of the proposed new NMH building.

The new NMH to SVUH project was granted Planning Permission by An Bord Pleanála (ABP) in 2017. As noted above, that same year, an update to Part L of the Building Regulations was introduced by Government. Transitional arrangements were put in place for projects already at design or construction stage. The new NMH project fell within this category of projects which had achieved planning grant before the end of 2018. However, due to the delays the updated regulations now apply in full.

The redesign required to comply with the updated regulations has now been fully incorporated. From a planning perspective it is proposed to address these amendments via a submission to An Bord Pleanála for approval under Section 146b of the Planning Regulations. It is normal for a project of this size and complexity to go through design development and refinement post planning grant. This can be for a number of reasons, including response to evolving clinical operational policies, internal environmental requirements, co-ordination and buildability issues. Or as is the case here, compliance with updated building regulations. The redesign required to comply with the new regulations is now complete & ready for submission to An Bord Pleanála.

The cost of compliance with the updated regulation, Part L 2017, is estimated at €18.3M exclusive of VAT.